Defense Minister Adam Shareef Umar has threatened to file criminal charges against Members of Parliament, over the scuffle on Parliament floor between MPs and officers of Armed Forces on July 31st, 2017.
The explosive leaks from within the Defense Ministry surfaced early on Wednesday morning, amid concerns expressed by Army’s Special Protection Group (SPG) over the proceedings in Parliament floor on Monday.
RaajjeMv understands that the leaked audio was from Defense Minister’s meetings with the officers on Monday night. In the meeting Minister Shareef said that legal experts had advised the Government that Parliamentarians are exempt from prosecution over how they vote and the statements they make on Parliament floor. However, the MPs are not exempt from prosecution over damage to Parliament assets, violence and other similar offences.
He added that Attorney General and Prosecutor General had been consulted on the Parliament proceedings of the day and they both had advised to file the case with Maldives Police Service (MPS), carry out an investigation and file for prosecution. Therefore, Minister Shareef said the leadership of the Armed Forces had decided to file the case with Police as a criminal case. He added that this was done as a deterrent, to prevent further offenses against officers and for protection of the Forces.
This is the first time in the nation’s history that the Armed Forces had filed a case against Parliament Members.
‘Our legal advisers had said Parliamentarians cannot be prosecuted over two main things while in the Parliament; how they vote and what they say on the floor. Anything apart from that, whether it be damaging Parliament property or violence on the floor, can be prosecuted, like anyone else. MNDF leadership believe that there was a high chance that today’s events can repeat. We’ve decided to file criminal charges with Police, to protect our own,’ he said.
In the audio, Minister Shareef is heard saying the case will be filed on Tuesday. He added that MNDF had appealed to Commissioner of Police Ahmed Areef and Home Minister Ahmed Azleen to expedite the case.
‘The purpose behind filing criminal charges is to protect officers while such events are repeating. With God’s will we will finalize a decision on this. We researched options on how to expedite this issue. Both Attorney General’s Office and Prosecutor General’s Office advised to move the case through Police, by filing criminal charges. We arrived at that decision. We’ve requested Commissioner of Police Ahmed Areef and Chief of Defense Force Major General Ahmed Shiyam and Home Minister to expedite the case,’ the Minister said.
Minister Shareef said the Armed Forces were the last line of defense when it came to national security and therefore it was essential that legal measures were enacted to protect officers. He assured that no illegal orders will be given to officers. In the event an order is given, Minister Shareef said, it will be given on advice of Attorney General, Prosecutor General and President’s Office Legal Affairs Minister Azima Shakoor. He said he respected that there will be repercussions if an illegal order is given.
‘In your line of duty, we will not ask to implement an illegal order. You also research that. In the event we need to give an order, to any officer, we consult with the Attorney General, in some cases Azima Shakoor, in many cases we consult Prosecutor General’s Office. We had always conducted it that way to ensure there are no ramifications from any decisions, orders we undertake. We accept that the ramifications from an illegal order is going to be severe,’ the Minister said.
Minister Adam Shareef added that given the current events, he accepted that some officers have some questions over their personal safety. In the leaked audio, the Minister spoke over the events in the Parliament on July 24th, where MPs were first barred from entering Parlaiemtn and then forcibly removed from the premises.
‘We can see that from the events of 24 [July]. When we look at the events of the day, we had reports from credible sources from within the Parliament, who said there were aspects that could lead to acts of terror and other undesirable actions. When we were informed of that, we requested the Parliament Secretariat to document it. The Parliament Secretariat did so and informed Defense Ministry that it was very likely,’ Minister Shareef said.
Referring to the Parliament blockade, Minister Shareef said that access was restricted in response to the letter sent by the Secretariat, in their capacity as security provision for the Parliament. This, he said, in no way was a restriction of Parliament proceedings. He added that Armed Forces had not entered the Parliament to carry out any illegal activity.
‘That in no way was restriction of proceedings of Parliament or Parliament Secretariat. We were informed that no Parliament or Committee sessions will be held from 24th to 31st. So, we did not impede on Parliament proceedings. Reflecting on all that, Army officers did not attend to carry out any illegal activity,’ he said.
He added that some Officers will be summoned to Police to give their statements for the ongoing cases raised against some MPs for breaking Police ranks on July 24th.
‘Firstly, Police is now investigating cases against individuals who had entered Parliament grounds, while you were carrying out your mandate. It’s likely that some of you will be summoned to Police to give your statements. MNDF leadership had decided that in the even you get summoned to Police, you will be accompanied by an officer of Military Police,’ the Minister said.
Minister Adam Shareef had appealed to the officers to be aware of the current political situation.
‘You all have to be mindful of the current situation. Even up until this moment, army officers have been respected by the public. In this environment, there is a planned agenda to defame the institution, there will be rumors tying officers, perpetrated by the opposition. I appeal to you to be mindful of this, this is what you can do for the institution,’ he said.
Minister Shareef noted that while the officers of the Armed Forces had carried out their mandate and responsibilities to the letter, there were many instances where they have to rely on Police to carry out the said mandate.
‘It is imperative that you all follow the instructions issued by leadership, in instances where we, as part of MNDF, have to take precautions and quick actions as part of planned actions,’ he added.
RaajjeMV had attempted to contact Minister Adam Shareef for a comment over the 35-minute leaked audio. However, the Minister had not answered the calls or viber messages sent.
